You may have seen headlines, recently, talking about this but, if you live in Scotland, they do not apply to you. Judges, In Scotland, do not look at your behaviour and have not done so for a considerable time.. Once you have a separation agreement, behaviour is not an issue [...]

Well, yes, in a way because they do provide a template but you will need a lot of time, research and decision-making before you have anything satisfactory. Their template is to be found at http://www.publicguardian-scotland.gov.uk/power-of-attorney/forms-publications. There is an English OPG but English law is different and English PoA's are not for [...]

My research says that, very often, it is because they have “never got round to it”. Which is quite revealing! What it tells you is that they know they ought to but something has stopped them. And I have often wondered why. It is no use asking because you will [...]

I'm pleased to say that 2017 has been a good one for Caithness and Sutherland and there is great confidence in the air. Sales are reported by the Registers of Scotland to have increased, overall, in the Highland area by 10.3%. As regards prices, nationally in Scotland, prices increased, overall, [...]

I'm pleased to say that 2017 has been a good one for Ross-shire and there is great confidence in the air. Sales are reported by the Registers of Scotland to have increased, overall, in the Highland area by 10.3%. As regards prices, nationally in Scotland, prices increased, overall, by 2.8% [...]

So what, you might ask. . These are amongst the possible results:- Your loved ones will be (even more) upset because no-one knows what to do or who is in charge. Who you want to inherit might well not. A court action will be needed. It will be more [...]

What motivates people to make a Power of Attorney? Seeing many clients in this situation, as I do, raises that question. My opinion is that, mostly, deep down, it is love. That love is, often, hidden by my clients which is not surprising since this is a difficult and emotional [...]

If someone loses mental capacity before they have a Power of Attorney in place, who can manage their finances and welfare? Arranging a Power of Attorney early can save money and avoid problems in later life. Nobody wants to consider what would happen if they or a family member lost [...]

Dementia comes in all shapes and sizes and can vary from time to time but there is a touchstone so far as Powers of Attorney (PoA) are concerned. A diagnosis of dementia does not infer that capacity to make a PoA has been lost. When told that someone has [...]

The comments of the English Judge on Powers of Attorney should be treated with caution in Scotland, which has it’s own laws and systems. The most important difference is that, at the time of signing, there is an assessment of the capacity of the granter. A doctor or lawyer must [...]